Cap. 390B 《淫褻及不雅物品管制規則》Control of Obscene and Indecent Articles Rules

生效中

版本日期: 2024-10-10

Cap. 390A

Cap. 391

Control of Obscene and Indecent Articles Rules

(Cap. 390, section 44)

[1 September 1987]

(Format changes—E.R. 5 of 2024)

1. Citation

These rules may be cited as the Control of Obscene and Indecent Articles Rules.

2. Completion, signature and service of forms

(1)

A form prescribed by these rules shall be—

(a)

completed legibly—

(i)

in accordance with any directions specified in the form; and

(ii)

in the English language or in the Chinese language; and

(b)

signed—

(i)

where the person submitting the form is an individual (acting on his own behalf or as a partner), by that individual; or

(ii)

where the person submitting the form is a body corporate, by an individual authorized in that behalf by that body corporate.

(2)

A prescribed form which is completed or signed otherwise than in accordance with the requirements of paragraph (1) may be rejected by the Registrar, who shall thereupon give such notice as he thinks fit of that rejection and the reasons therefor to the person submitting the form.

(3)

Without limiting the Registrar’s power under paragraph (2) to reject a prescribed form, the Registrar shall reject a form which contains no address for service by post.

(4)

Nothing in this rule shall prevent a person re-submitting to the Registrar a prescribed form which has been rejected under paragraph (2) where the form has been revised to take account of the Registrar’s reasons for such rejection.

(5)

Where any provision of these rules requires any document to be served by post, the service shall be deemed to be effected by properly addressing, pre-paying the postage thereon and dispatching it by registered post to the last known address for service by post or, if that is not known, last known postal address, of the person to be served, and, unless the contrary is proved, such service shall be deemed to have been effected at the time at which the document would be delivered in the ordinary course of post.

3. Articles which contain matter in language other than English or Chinese

(1)

Without limiting the Registrar’s power under rule 2 to reject a prescribed form, where the article to which a form relates contains any written or oral matter which is in a language other than English or Chinese, the Registrar may reject the form until such time as the person submitting the form provides him with an English language or Chinese language translation, satisfactory to the Registrar, of that matter.

(2)

Where the Registrar rejects a prescribed form under paragraph (1), he shall thereupon give such notice as he thinks fit of that rejection and the reasons therefor to the person submitting the form, for which purpose he may provide that person with a copy of this rule.

(L.N. 446 of 1994)

4. Applications under section 13 of the Ordinance

(1)

An application under section 13(1) of the Ordinance shall be—

(a)

in Form 1 in the Schedule; and

(b)

served on the Registrar by lodging it at the office of the Tribunal.

(2)

A copy of an application referred to in paragraph (1) shall be served on the Secretary for Justice by the applicant lodging it at the Department of Justice at the same time as the original of the application is served on the Registrar. (L.N. 362 of 1997; 55 of 1999 s. 3)

(3)

An application under section 13(2) of the Ordinance shall be—

(a)

in Form 2 in the Schedule; and

(b)

served on the Registrar by lodging it at the office of the Tribunal.

5. Notices under section 15(1) of the Ordinance

(1)

A notice under section 15(1) of the Ordinance by a person who submitted, or would have been entitled to submit, the article concerned under section 13(1) of the Ordinance shall be—

(a)

in Form 3 in the Schedule; and

(b)

served on the Registrar by lodging it at the office of the Tribunal.

(2)

A copy of a notice referred to in paragraph (1) shall be served on the Secretary for Justice by the person giving the notice by lodging it at the Department of Justice at the same time as the original of the notice is served on the Registrar. (L.N. 362 of 1997; 55 of 1999 s. 3)

(3)

A notice under section 15(1) of the Ordinance by a person who submitted, or would have been entitled to submit, the article concerned under section 13(2) of the Ordinance shall be—

(a)

in Form 4 in the Schedule; and

(b)

served on the Registrar by lodging it at the office of the Tribunal.

(4)

A copy of a notice referred to in paragraph (3) shall be served by post by the person giving the notice on each person, if any, who submitted under section 13(1) of the Ordinance the article concerned, at the same time as the original of that notice is served on the Registrar.

6. Requests under section 17(1) of the Ordinance

(1)

A request under section 17(1) of the Ordinance by a person who submitted, or would have been entitled to submit, the article concerned under section 13(1) of the Ordinance shall be—

(a)

in Form 5 in the Schedule; and

(b)

served on the Registrar by lodging it at the office of the Tribunal.

(2)

A copy of a request referred to in paragraph (1) shall be served on the Secretary for Justice by the person making the request by lodging it at the Department of Justice at the same time as the original of the request is served on the Registrar. (L.N. 362 of 1997; 55 of 1999 s. 3)

(3)

A request under section 17(1) of the Ordinance by a person who submitted, or would have been entitled to submit, the article concerned under section 13(2) of the Ordinance shall be—

(a)

in Form 6 in the Schedule; and

(b)

served on the Registrar by lodging it at the office of the Tribunal.

(4)

A copy of a request referred to in paragraph (3) shall be served by post by the person making the request on each person, if any, who submitted under section 13(1) of the Ordinance the article concerned, at the same time as the original of that request is served on the Registrar.

7. Registrar to give notice of classification or determination by Tribunal

(1)

A classification or determination of a Tribunal shall be recorded in writing and signed by the presiding magistrate.

(2)

The Registrar shall, as soon as practicable after a classification or determination of a Tribunal, serve by post on each party to the proceedings to which the classification or determination relates a notice in writing stating that classification or determination.

8. Registrar to give notice of appeals

(1)

A notice of appeal under section 30(1) of the Ordinance shall be served on the Registrar by lodging it at the office of the Tribunal.

(2)

Where the Registrar receives a notice of appeal under section 30(1) of the Ordinance from a party to proceedings, he shall, as soon as practicable, but in any case not later than 7 days (or, where all parties to those proceedings agree on a lesser period, such lesser period) before the date fixed under section 30(2) of the Ordinance for the hearing of the appeal, serve by post on the other parties to those proceedings a copy of that notice.

(3)

Where the Registrar fixes under section 30(2) of the Ordinance a date for the hearing of an appeal, he shall, as soon as practicable after fixing that date, but in any case not later than 7 days (or, where all parties to the proceedings to which the appeal relates agree on a lesser period, such lesser period) before that date, serve by post on each such party a notice in writing stating the date so fixed.

9. Costs

The Tribunal may award costs to and against any party to any proceedings and may order that those costs be taxed in accordance with Order 62 of the Rules of the District Court (Cap. 336 sub. leg. H).

(25 of 2008 s. 13)

Schedule

[rules 4, 5 and 6]

Form 1

[s. 13(1)]

C O I A O

(Chapter 390)

Application under section 13(1) for Classification of an Article(To be completed in duplicate)

To the Registrar of the High Court:
	1. I, . (full name)
of
. (address), . (occupation),
the—
*	(a)	author;
*	(b)	printer;
*	(c)	manufacturer;
*	(d)	publisher;
*	(e)	importer;
*	(f)	distributor;
*	(g)	owner of copyright;
*	(h)	commissioner of the design, production or publication,

of the undermentioned article, hereby submit that article to the Obscene Articles Tribunal for classification as a Class I, Class II or Class III article.

	2.	Particulars of the article are as follows—
*	(a)	title:	;
*	(b)	name of author (or performer):
			;
*	(c)	name and address of publishers:
			;
*	(d)	general description of article (for example, film, video-tape, disc, etc.):
			;
*	(e)	if article is film, any decision with respect thereto under any other law which provides for censorship of films:
			;
*	(f)	if article contains any written or oral matter in any language other than English or Chinese, the language(s):
			;
*	(g)	the persons or class of persons, or age group of persons, to or amongst whom the article is, or is intended or is likely to be, published:
*	3.	. copies of the article are submitted herewith.
(3 copies should be supplied if practicable).
*	4.	I am unable to supply the required number of copies because

*	5.	I am unable to supply any copy because

but the article may be viewed—
	(a)	at . (address); and
	(b)	on . (dates and times).
	6.	My address for service by post is

*	7.	My telephone number is . (work)
and/or . (home).
	Dated this . day of . , 19 .

. Applicant.† * Delete if inapplicable. † Where the applicant is an individual or partner, the applicant. Where the applicant is a body corporate, an individual authorized in that behalf by that body corporate. (Note: evidence of authorization should be produced).

Please Note

1.	You are advised to read the Control of Obscene and Indecent Articles Ordinance (Cap. 390), the Control of Obscene and Indecent Articles Regulations (Cap. 390 sub. leg. A) and the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) before submitting this application.
2.	The original of this application should be served on the Registrar of the High Court by lodging it at the office of the Tribunal at 15 Middle Road, Tsim Sha Tsui and be accompanied by the fee payable on application.
3.	The copy of this application should be served on the Secretary for Justice by lodging it at the Department of Justice, 4th Floor, High Block, Queensway Government Offices at the same time as the original of this application is served on the Registrar.
4.	The Registrar may under rule 2 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this application if it is not completed or signed in accordance with the requirements of that rule. The Registrar is required by that rule to reject this application if it contains no address for service by post.
5.	The Registrar may under rule 3 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this application if the article to which the application relates contains any written or oral matter which is in a language other than English or Chinese. Such rejection will cease to have effect once the person submitting the application provides the Registrar with an English language or Chinese language translation, satisfactory to the Registrar, of that matter.

(L.N. 588 of 1994; L.N. 362 of 1997; 25 of 1998 s. 2; 55 of 1999 s. 3; E.R. 5 of 2024)

__________

Form 2

[s. 13(2)]

C O I A O (Chapter 390)Application under section 13(2) for Classification of an Article

To the Registrar of the High Court:
	1.	I—
*	(a)	the Secretary for Justice,
*	(b)	. (full name), a public officer authorized in this regard by the Chief Secretary for Administration,
hereby submit the undermentioned article to the Obscene Articles Tribunal for classification as a Class I, Class II or Class III article.
	2.	Particulars of the article are as follows—
*	(a)	title:	;
*	(b)	name of author (or performer):
			;
*	(c)	name and address of publishers:
			;
*	(d)	general description of article (for example, film, video-tape, disc, etc.):
			;
*	(e)	if article is film, any decision with respect thereto under any other law which provides for censorship of films:
			;
*	(f)	if article contains any written or oral matter in any language other than English or Chinese, the language(s):
			;
*	(g)	the persons or class of persons, or age group of persons, to or amongst whom the article is, or is intended or is likely to be, published:
*	3.	. copies of the article are submitted herewith.
(3 copies should be submitted if practicable).
*	4.	I am unable to supply the required number of copies because

*	5.	I am unable to supply any copy because


but the article may be viewed—
	(a)	at . (address); and
	(b)	on . (dates and times).
	6.	My address for service by post is

*	7.	My work telephone number is
	Dated this . day of ., 19 .

. Signature. * Delete if inapplicable.

Please Note

1.	This application should be served on the Registrar of the High Court by lodging it at the office of the Tribunal at 15 Middle Road, Tsim Sha Tsui.
2.	The Registrar may under rule 2 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this application if it is not completed or signed in accordance with the requirements of that rule. The Registrar is required by that rule to reject this application if it contains no address for service by post.
3.	The Registrar may under rule 3 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this application if the article to which the application relates contains any written or oral matter which is in a language other than English or Chinese. Such rejection will cease to have effect once the person submitting the application provides the Registrar with an English language or Chinese language translation, satisfactory to the Registrar, of that matter.

(L.N. 588 of 1994; L.N. 362 of 1997; 25 of 1998 s. 2; E.R. 5 of 2024)

__________

Form 3

[s. 15(1)]

C O I A O (Chapter 390)Notice to Obscene Articles Tribunal to review the
Interim Classification of an Article by person
who submitted, or would have been entitled to
submit, the Article under section 13(1)(To be completed in duplicate)

To the Registrar of the High Court:
	1. I, . (full name)
of
. (address),
. (occupation),
the—
*	(a)	author;
*	(b)	printer;
*	(c)	manufacturer;
*	(d)	publisher;
*	(e)	importer;
*	(f)	distributor;
*	(g)	owner of copyright;
*	(h)	commissioner of the design, production or publication,
of the undermentioned article, which was on . (date) given an interim classification by an Obscene Articles Tribunal of—
*	(i)	Class I;
*	(ii)	Class II; or
*	(iii)	Class III,
hereby require an Obscene Articles Tribunal to review that interim classification at a full hearing of such Tribunal.
	2.	Particulars of the article are as follows—
*	(a)	title:	;
*	(b)	name of author (or performer):
			;
*	(c)	name and address of publishers:
			;
*	(d)	general description of article (for example, film, video-tape, disc, etc.):
			;
*	(e)	if article is film, any decision with respect thereto under any other law which provides for censorship of films:
			;
*	(f)	if article contains any written or oral matter in any language other than English or Chinese, the language(s):
			;
*	(g)	the persons or class of persons, or age group of persons, to or amongst whom the article is, or is intended or is likely to be, published:
	3.	The Tribunal reference number in respect of the interim
classification the subject of this notice is
	4.	My address for service by post is


*	5.	My telephone number is . (work)
and/or . (home).
	Dated this . day of ., 19 .

. Signature.† * Delete if inapplicable. † Where the person giving the notice is an individual or partner, that person. Where that person is a body corporate, an individual authorized in that behalf by that body corporate. (Note: evidence of authorization should be produced).

Please Note

1.	You are advised to read the Control of Obscene and Indecent Articles Ordinance (Cap. 390), the Control of Obscene and Indecent Articles Regulations (Cap. 390 sub. leg. A) and the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) before submitting this notice.
2.	The original of this notice should be served on the Registrar of the High Court by lodging it at the office of the Tribunal at 15 Middle Road, Tsim Sha Tsui and be accompanied by the fee payable therefor.
3.	The copy of this notice should be served on the Secretary for Justice by lodging it at the Department of Justice, 4th Floor, High Block, Queensway Government Offices at the same time as the original of this notice is served on the Registrar.
4.	The Registrar may under rule 2 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this notice if it is not completed or signed in accordance with the requirements of that rule. The Registrar is required by that rule to reject this notice if it contains no address for service by post.
5.	The Registrar may under rule 3 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this notice if the article to which the notice relates contains any written or oral matter which is in a language other than English or Chinese. Such rejection will cease to have effect once the person submitting the notice provides the Registrar with an English language or Chinese language translation, satisfactory to the Registrar, of that matter.

(L.N. 588 of 1994; L.N. 362 of 1997; 25 of 1998 s. 2; 55 of 1999 s. 3; E.R. 5 of 2024)

__________

Form 4

[s. 15(1)]

To the Registrar of the High Court:
	1.	I—
*	(a)	the Secretary for Justice,
*	(b)	. (full name), a public officer authorized in this regard by the Chief Secretary for Administration,
in respect of the undermentioned article, which was on
. (date) given an interim classification by an Obscene Articles Tribunal of—
*	(i)	Class I;
*	(ii)	Class II; or
*	(iii)	Class III,
hereby require an Obscene Articles Tribunal to review that interim classification at a full hearing of such Tribunal.
	2.	Particulars of the article are as follows—
*	(a)	title:	;
*	(b)	name of author (or performer):
			;
*	(c)	name and address of publishers:
			;
*	(d)	general description of article (for example, film, video-tape, disc, etc.):
			;
*	(e)	if article is film, any decision with respect thereto under any other law which provides for censorship of films:
			;
*	(f)	if article contains any written or oral matter in any language other than English or Chinese, the language(s):
			;
*	(g)	the persons or class of persons, or age group of persons, to or amongst whom the article is, or is intended or is likely to be, published:
	3.	The Tribunal reference number in respect of the interim
classification the subject of this notice is

	4.	My address for service by post is


*	5.	My work telephone number is
	Dated this . day of ., 19 .

. Signature. * Delete if inapplicable.

Please Note

1.	The original of this notice should be served on the Registrar of the High Court by lodging it at the office of the Tribunal at 15 Middle Road, Tsim Sha Tsui.
2.	A copy of this notice should be served by post on each person (if any) who submitted under section 13(1) of the Control of Obscene and Indecent Articles Ordinance (Cap. 390) the article concerned at the same time as the original of this notice is served on the Registrar.
3.	The Registrar may under rule 2 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this notice if it is not completed or signed in accordance with the requirements of that rule. The Registrar is required by that rule to reject this notice if it contains no address for service by post.
4.	You are advised that rule 2(5) of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) provides as follows—
	“(5)Where any provision of these rules requires any document to be served by post, the service shall be deemed to be effected by properly addressing, pre-paying the postage thereon and dispatching it by registered post to the last known address for service by post or, if that is not known, last known postal address, of the person to be served, and, unless the contrary is proved, such service shall be deemed to have been effected at the time at which the document would be delivered in the ordinary course of post.”.
5.	The Registrar may under rule 3 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this notice if the article to which the notice relates contains any written or oral matter which is in a language other than English or Chinese. Such rejection will cease to have effect once the person submitting the notice provides the Registrar with an English language or Chinese language translation, satisfactory to the Registrar, of that matter.

(L.N. 588 of 1994; L.N. 362 of 1997; 25 of 1998 s. 2; E.R. 5 of 2024)

__________

Form 5

[s. 17(1)]

C O I A O (Chapter 390)

Request to Obscene Articles Tribunal to reconsider
the Classification of an Article by person
who submitted, or would have been entitled to
submit, the Article under section 13(1)(To be completed in duplicate)

To the Registrar of the High Court:
	1. I, . (full name)
of
. (address), . (occupation),
the—
*	(a)	author;
*	(b)	printer;
*	(c)	manufacturer;
*	(d)	publisher;
*	(e)	importer;
*	(f)	distributor;
*	(g)	owner of copyright;
*	(h)	commissioner of the design, production or publication,
of the undermentioned article, which was on . (date) given a classification by an Obscene Articles Tribunal of—
*	(i)	Class I;
*	(ii)	Class II; or
*	(iii)	Class III,
hereby request an Obscene Articles Tribunal to reconsider that classification at a full hearing of such Tribunal.
	2.	Particulars of the article are as follows—
*	(a)	title:	;
*	(b)	name of author (or performer):
			;
*	(c)	name and address of publishers:
			;
*	(d)	general description of article (for example, film, video-tape, disc, etc.):
			;
*	(e)	if article is film, any decision with respect thereto under any other law which provides for censorship of films:
			;
*	(f)	if article contains any written or oral matter in any language other than English or Chinese, the language(s):
			;
*	(g)	the persons or class of persons, or age group of persons, to or amongst whom the article is, or is intended or is likely to be, published:
	3.	The Tribunal reference number in respect of the classification
the subject of this request is
	4.	My address for service by post is

*	5.	My telephone number is . (work)
and/or . (home).
	Dated this . day of ., 19 .

. Signature.† * Delete if inapplicable. † Where the person making the request is an individual or partner, that person. Where that person is a body corporate, an individual authorized in that behalf by that body corporate. (Note: evidence of authorization should be produced).

Please Note

1.	You are advised to read the Control of Obscene and Indecent Articles Ordinance (Cap. 390), the Control of Obscene and Indecent Articles Regulations (Cap. 390 sub. leg. A) and the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) before submitting this request.
2.	The original of this request should be served on the Registrar of the High Court by lodging it at the office of the Tribunal at 15 Middle Road, Tsim Sha Tsui and be accompanied by the fee payable therefor.
3.	The copy of this request should be served on the Secretary for Justice by lodging it at the Department of Justice, 4th Floor, High Block, Queensway Government Offices at the same time as the original of this request is served on the Registrar.
4.	The Registrar may under rule 2 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this request if it is not completed or signed in accordance with the requirements of that rule. The Registrar is required by that rule to reject this request if it contains no address for service by post.
5.	The Registrar may under rule 3 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this request if the article to which the request relates contains any written or oral matter which is in a language other than English or Chinese. Such rejection will cease to have effect once the person submitting the request provides the Registrar with an English language or Chinese language translation, satisfactory to the Registrar, of that matter.

(L.N. 588 of 1994; L.N. 362 of 1997; 25 of 1998 s. 2; 55 of 1999 s. 3; E.R. 5 of 2024)

__________

Form 6

[s. 17(1)]

C O I A O (Chapter 390)Request to Obscene Articles Tribunal to reconsider
the Classification of an Article by person
who submitted, or would have been entitled to
submit, the Article under section 13(2)(For number of copies to be completed, see Notes 1 and 2)

To the Registrar of the High Court:
	1.	I—
*	(a)	the Secretary for Justice,
*	(b)	. (full name), a public officer authorized in this regard by the Chief Secretary for Administration,
in respect of the undermentioned article, which was on
. (date) given a classification by an Obscene Articles Tribunal of—
*	(i)	Class I;
*	(ii)	Class II; or
*	(iii)	Class III,
hereby request an Obscene Articles Tribunal to reconsider that classification at a full hearing of such Tribunal.
	2.	Particulars of the article are as follows—
*	(a)	title:	;
*	(b)	name of author (or performer):
			;
*	(c)	name and address of publishers:
			;
*	(d)	general description of article (for example, film, video-tape, disc, etc.):
			;
*	(e)	if article is film, any decision with respect thereto under any other law which provides for censorship of films:
			;
*	(f)	if article contains any written or oral matter in any language other than English or Chinese, the language(s):
			;
*	(g)	the persons or class of persons, or age group of persons, to or amongst whom the article is, or is intended or is likely to be, published:

	3.	The Tribunal reference number in respect of the classification
the subject of this request is
	4.	My address for service by post is


*	5.	My work telephone number is
	Dated this . day of ., 19 .

. Signature. * Delete if inapplicable.

Please Note

1.	The original of this request should be served on the Registrar of the High Court by lodging it at the office of the Tribunal at 15 Middle Road, Tsim Sha Tsui.
2.	A copy of this request should be served by post on each person (if any) who submitted under section 13(1) of the Control of Obscene and Indecent Articles Ordinance (Cap. 390) the article concerned at the same time as the original of this request is served on the Registrar.
3.	The Registrar may under rule 2 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this request if it is not completed or signed in accordance with the requirements of that rule. The Registrar is required by that rule to reject this request if it contains no address for service by post.
4.	You are advised that rule 2(5) of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) provides as follows—
	“(5)Where any provision of these rules requires any document to be served by post, the service shall be deemed to be effected by properly addressing, pre-paying the postage thereon and dispatching it by registered post to the last known address for service by post or, if that is not known, last known postal address, of the person to be served, and, unless the contrary is proved, such service shall be deemed to have been effected at the time at which the document would be delivered in the ordinary course of post.”.
5.	The Registrar may under rule 3 of the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg. B) reject this request if the article to which the request relates contains any written or oral matter which is in a language other than English or Chinese. Such rejection will cease to have effect once the person submitting the request provides the Registrar with an English language or Chinese language translation, satisfactory to the Registrar, of that matter.

(L.N. 588 of 1994; L.N. 362 of 1997; 25 of 1998 s. 2; E.R. 5 of 2024)